CITY AND COUNTY OF SAN FRANCISCO v. F.A.A.

Nos. 89-70055, 89-70053, 89-70057, 89-70482, 89-70483 and 89-70500.

942 F.2d 1391 (1991)

CITY AND COUNTY OF SAN FRANCISCO; the Airports Commission of the City and County of San Francisco, Petitioners, v. FEDERAL AVIATION ADMINISTRATION; Department of Transportation, National Transportation Safety Board, Respondents. (Three Cases) COUNTY OF SAN MATEO, Petitioner, v. FEDERAL AVIATION ADMINISTRATION; Department of Transportation, National Transportation Safety Board, Respondents. (Two Cases) CITY AND COUNTY OF SAN FRANCISCO; the Airports Commission of the City and County of San Francisco, Petitioners, v. FEDERAL AVIATION ADMINISTRATION; Department of Transportation, National Transportation Safety Board, Respondents, Burlington Air Express ("Burlington"), Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1991.


Attorney(s) appearing for the Case

Steven S. Rosenthal, Morrison & Foerster, Washington, D.C., Porter Goltz, Deputy County Counsel, County of San Mateo, Redwood City, Cal., for petitioners.

John A. Bryson, U.S. Dept. of Justice, Washington, D.C., for respondents.

John W. Simpson, Kelley Drye & Warren, Washington, D.C., for intervenor.

Kenneth R. Williams, Deputy Atty. Gen., and Larry A. Thelen, Dept. of Transp., Sacramento, Cal., for amicus.

Before BROWNING, PREGERSON and TROTT, Circuit Judges.


JAMES R. BROWNING, Circuit Judge:

The City and County of San Francisco petitions for review of a decision of the Federal Aviation Administration (FAA) denying San Francisco's applications for airport improvement grants from the Airport and Airway Trust Fund. We affirm in part and reverse in part.

I

The Airport and Airway Trust Fund is made up of amounts equivalent to taxes on aviation fuel and air transportation received by the Treasury. See<...

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